INTELLECTUAL PROPERTY

RIGHTS
 INTELLECTUAL PROPERTY RIGHTS

• Granted To Creators And Owners Of Works.

• Like – Invention Of Idea, A Manuscript, A Suite Of Software,

Or A Business Name

•Aim - To Safeguard Creators And Other Producers Of

Intellectual Goods And Services .
 Types of Intellectual Property Rights

• Copyright
• Geographical indication
• Industrial design rights
• IP cores used in electronic design
• Moral rights
• Patent
• Personality rights
• Plant breeders' rights
• Trade dress
• Trademark
• Trade secret
• Traditional knowledge
• Domain Name
 WORLD INTELLECTUAL PROPERTY
ORGANIZATION

• A specialized agency of the United Nations.

• Develops a balanced and accessible international intellectual property (IP)
system.
• Established by the WIPO Convention in 1967
• Headquarters:- Geneva and Switzerland.
• Goals:
To Promote An IP Culture
To Integrate IP Into National Development Policies & Programs
To Develop International IP Laws & Standards
To Deliver Quality Services In Global IP Protection Systems
To Increase The Effeciency Of WIPO.
 COPY RIGHTS

• Enacted in the year 1957.

• Protects the expression of ideas but not the idea itself.
• Protects writer/ creator of the original work from unauthorized reproduction
of his materials.
• Encourages authors, composers, artists and designers to create original works.
• For obtaining a copyright the work should be first published in India. The
creator should be a citizen of india.
 Works protected by copyright

• Literary

• Dramatic

• Musical

• Artistic works

• Cinematographic

• Records
 COPY LEFT

• Copy left – is licensing used to modify copyrights for works.

• Copyleft characterized as a copyright licensing scheme in which author

surrenders some but not all rights under copyright law.

• Types:-
(i) Strong And Weak Copy left
(ii) Full And Partial Copy
 PIRACY

Piracy is the unauthorized duplication of an original recording for

commercial gain without the consent of the rights owner.

Piracy comes in several varieties :

• End User Piracy

• Reseller Piracy

• BBS/Internet Piracy

• Trademark/Trade Name Infringement

 Bootlegging

NAPSTER.COM

Counterfeiting
MUSIC PIRACY

Remix

Pirate Recordings
 Betiyaan Apna Ya Paraya Dhan

 Introduction:- Producer Dheeraj Kumar plagiarizing

storyline for his forth coming Ghar Ki Laxmi
Betiyaan.
 A case of copyright on producer Dheeraj Kumar
copying a srcipt of the serial Betiyaan Apna Ya Paraya
Dhan by Zee Tv originator Mrs.Rekha Modi.
 Controversy was based between two channels Zee
and Star Plus of two same concepts.
 Both the titles have been registered with the
Association of Motion Pictures & TV Programme
Producers of India (AMPTPP)
 THE ULTIMATE DECISION

• Decision BY PAHLAJ NIHLANI Chairman AMPTPP

• The date of registering the concept for the zee by
Mrs.Rekha was on 29th July 2006
• The date of registering the same by Mr.Dheeraj was
31st August 2006
• Decision was made in favour of Mrs Rekha as she
proved with the registration documents.
• Dheeraj was proved guilty and he was ordered by law
to pay the penalties under the section of law and the
damages towards Mrs Rekha.
 Case Study:
Karishma The Miracle of Destiny
•The appellant No.1 Barbara Taylor Bradford author of the
"A Woman of Substance"

• Journalist, Ms. Pammi Somal supporting the appellant

•Respondent No.1 Sahara Media Entertainment Ltd. called

"Karishma - a miracle of destiny",

•Respondent No. 2 Akashdeep Sabir, "the creative director

and producer".

•Respondent No. 3 Talat Jani.

•Respondent No. 4 Sachin Bhowmik the story writer.

•The serial has taken the rags to riches theme of the book.

•It mentions some four other characters common to the serial

and the book.
 Conclusion
• 12-5-2003 the plaintiffs obtained continuance of
the interim order upon direction of their filing an
undertaking to pay damages and costs;
• As the project is a 100 crore project, damages for
wrongfully obtaining injunction at the rate of Rs.
1,50,000 per week from 13-5-2003 until issuance
of this dictated order.
• Costs, on the basis of a realistic estimate of a
heavy hearing, are assess at Rs. 10,000 per day
of hearing in the Court below and Rs. 15,000 per
day of hearing.
 DA VINCI CODE
CONTROVERSY
INTRODUCTION
:
The author of the Da Vinci code Mr. Dan Brown “lifted the
central theme” of the best selling novel from a non-fiction
book about Jesus and the Catholic church, the Holy Grail
and the Holy Blood. The high court was told on Monday,
Feb. 27, 2006
 FACTS:
• The da Vinci code had lifted the central theme of the book the
theory that Jesus and Mary Magdalene married and had a child.
The Holy Blood and The Holy Grail, the claim was that there had
been non-literal copying of a substantial part of their literary work.
• However, the authors who sued Brown's publisher, The Random
House, lost their first court case in 2006.
CONCLUSION:
• Here's the point. The Holy Blood is a work of nonfiction. The Da
Vinci Code is a work of fiction, it's a novel, a thriller. Among textual
works protected by copyright law are:
• As a general observation, to sue for copyright breach it would have
been a lot easier for the plaintiff authors had their 1982 work also
been a work of fiction, a novel, a thriller.